42-2-408. Time and prerequisites for execution of relinquishment and consent to adoption -- copy of preplacement evaluation -- notarization.
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42-2-408 . Time and prerequisites for execution of relinquishment and consent to adoption -- copy of preplacement evaluation -- notarization.
(1)A parent whose consent to the adoption of a child is required may execute a relinquishment and consent to adoption only after the following criteria have been met:
(a)the child has been born;
(b)not less than 72 hours have elapsed since the birth of the child;
(c)the parent has received adoptive decision support services in accordance with 42-2-409 ; and
(d)in a direct parental placement adoption:
(i)the parent has been informed that fees for any required counseling and legal fees are allowable expenses that may be paid by a prospective adoptive parent under 42-7-101 , subject to the limitations set in 42-7-102 ;
(ii)if the parent is a minor, the parent has been represented by separate legal counsel; and
(iii)prior to the execution of the relinquishment, the parent has been provided a copy of the preplacement evaluation prepared pursuant to 42-3-204 pertaining to the prospective adoptive parent.
(2)A guardian may execute a relinquishment and consent to adopt at any time after being authorized by a court.
(3)The department or a licensed child-placing agency may execute a consent for the adoption at any time before or during the hearing on the petition for adoption.
(4)A child whose consent is required may execute a consent at any time before or during the hearing on the petition to adopt.
(5)Except as provided in this section, a relinquishment and consent to adopt must be a separate instrument executed before a notary public.
(6)If the person from whom a relinquishment and consent to adopt is required is a member of the armed services or is in prison, the relinquishment may be executed and acknowledged before any person authorized by law to administer oaths.